Diarmid Weir Photography | Website Terms and Conditions

Website Terms and Conditions

The following terms and conditions (the “Terms”) shall govern and be the binding contract between www.diarmidweirphotography.co.uk (the “Site”) and its users. Diarmid Weir Photography (Diarmid Weir or DWP) owns and operates the Site: an e-commerce website.

You are hereby confirming that you have read, understood, and agreed to be bound by these Terms by simply using this Site.

A DISPUTE RESOLUTION CLAUSE IS ADDED TO THESE TERMS THAT HAS A LEGAL EFFECT ON YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES BETWEEN THE SITE AND YOU (THE USER) IF THEY WERE TO ARISE.

Intellectual Property

All content on the Site, including but not limited to text, images, logos, documents, and downloadable files, is the property of Diarmid Weir Photography (Diarmid Weir or DWP) and its creators and is protected by copyright and other intellectual property laws.

Diarmid Weir Photography retains the copyright of all images and text on this website. You may share this website only by the following means:

Sharing to social media (Facebook, Twitter(X), Instagram, Pinterest, Tik-Tok, etc), or via email
Providing a back-link or the URL of the content you wish to disseminate; and
You may quote text extracts from the website with attribution to www.diarmidweirphotography.co.uk

For any other method or mode of sharing, please contact Diarmid Weir through the About Me And Contact Page of this website. Commercial use and distribution of the contents on this website are not allowed without prior express written consent by the author.

Purchase of prints, products, or digital files does not signify a transfer of ownership of any copyrights.

Accounts

You agree to all of the following if you create an account on this Site:

Account Responsibility:

You are solely responsible for your account, including maintaining the security and confidentiality of your account credentials and any personal information associated with it. This includes, but is not limited to, your password, email address, and payment information.

Accurate Information:

All personal information provided by you during account creation and thereafter must be accurate, complete, and up-to-date. You agree to promptly update your personal information if it changes.

Account Termination:

We reserve the right to suspend or terminate your account at any time, without prior notice, for any reason, including but not limited to, the violation of these Terms and Conditions, illegal activities, fraudulent behaviour, or repeated attempts to compromise the security of our Site.

Sale of Goods And Services

The sale of the goods and services is governed by these Terms and they are available on our Site.

The following goods are available on our Site:

Framed Photographic Prints
Mounted Photographic Prints
Photo Cards

We have a legal obligation to supply goods that match the description of the goods ordered on our Site.

Our Site offers the following services:

Photography

Full payment is required to the user or client before the service starts, unless otherwise agreed.

These Terms apply to all the goods and services displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, images, or content that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject, or cancel your order for any reason, including but not limited to product availability, pricing errors, or order errors. If we cancel your order after your payment has been processed, you will receive a full refund to your original payment method within 7 business days. You are responsible for monitoring your payment instrument to verify receipt of the refund. If you have any issues with the refund process, please contact us at 07811816891 or info@diarmidweirphotography.co.uk.

Payments

The following payment methods are accepted on our Site:

Debit or Credit Card
PayPal
Bank Transfer as arranged

By providing your payment information, you authorize us to charge your chosen payment method for the purchase price of goods or services, including applicable taxes and fees. We employ industry-standard security measures to protect your payment information. If you believe an unauthorized charge has been made to your account, please contact us.

If we believe your payment has violated any law, these Terms and Conditions, or our policies, we reserve the right to cancel or reverse your transaction. Examples of payment violations include, but are not limited to, fraudulent charges, unauthorized use of payment methods, or chargebacks. We may notify you before taking action, but we are not obligated to do so. If you believe your transaction was cancelled or reversed in error, please contact us.

Shipping and Delivery

When goods are purchased by you from our Site, one of the following methods will be used to deliver those goods:

• Delivery by post or carrier. Takes 5-10 days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. While we strive to meet estimated delivery times, unforeseen circumstances may cause delays. Please note that delivery times do not include weekends or public holidays. If a delivery attempt fails, we may charge a redelivery fee. The risk of loss and damage to the goods passes to you upon delivery.

You will be required to pay delivery charges in addition to the price of the goods you purchase. Delivery charges are calculated based on order value, weight, and delivery location. An estimate of delivery charges will be displayed during the checkout process.

If you purchase goods from us for delivery to a destination outside the United Kingdom, your purchase may be subject to import duties and taxes applied by the destination country. These charges are your responsibility, and we cannot provide an estimate of their amount.

Please contact your local customs office for more information before placing your order.

Failure to pay import duties and taxes may result in delays or the return of your order to us. The product value declared for customs purposes is the total amount paid for the goods, excluding shipping and handling charges.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. You are responsible for ensuring that the delivery address is correct. Providing incorrect or incomplete information may result in delays, additional charges, or the inability to deliver your order. It is your responsibility to notify us of any address changes before your order is shipped.

Right to Cancel and Receive Reimbursement

Customers that live in the United Kingdom or the European Union have the right to cancel their contract to purchase from us goods and services within 14 days without providing any notice. The cancellation period shall end as follows:

For digital content that is not supplied on a tangible medium (such as image downloads, music, e-books, or software) ends 14 days after the day on which you acquire the content. Please note that once you have started to download or stream the digital content, you lose your right to cancel.
For services, the cancellation period ends 14 days after the day on which the contract for the service is concluded. However, this right to cancel does not apply to services that have been fully performed before the end of the 14-day period.
The cancellation period ends 14 days from the day you, or someone you nominate, receives the last item in your order. An order is considered a single order if all items are delivered within a reasonable timeframe. If items in your order have significantly different delivery dates, you have 14 days from the receipt of each item to cancel that specific item.
The cancellation period for goods delivered regularly over a defined period ends 14 days after the day you, or someone you nominate, receives the first delivery.

To exercise your right to cancel, you must inform us of your decision to cancel clearly and unequivocally by email at info@diarmidweirphotography.co.uk or by post at Diarmid Weir Photography, Unit 6A Angus Works, Fairbairn Street, Dundee, DD3 7JZ, UK. Your cancellation notice should include your name, order number, and contact details. We will confirm receipt of your cancellation notice.

Cancellation rights shall not apply in the following circumstances:

Goods or services where the price is dependent on fluctuations in the financial market that we cannot control and which occur after the conclusion of the contract
Custom or personalised goods.
Goods that will deteriorate or expire rapidly.
Services requested by the customer for urgent repairs or maintenance to prevent damage, injury, or significant inconvenience. Urgent repairs or maintenance are those that cannot be delayed without causing immediate harm or substantial disruption to the customer’s property or well-being.

Effects of Cancellation

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for packaging the goods securely and handing them over to the courier. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract with us, we will reimburse you for all payments received, including the cost of standard delivery. We will not reimburse any additional charges for expedited or non-standard delivery methods. Please note that we may reduce your reimbursement to reflect any decrease in the value of the goods caused by your handling them beyond what is necessary to inspect their nature, characteristics, and functioning.

We will provide a full refund within 14 days of receiving the returned goods or proof of return. If no goods were supplied, we will issue a refund within 14 days of receiving your cancellation notice.

If you request the performance of services to begin during the cancellation period and subsequently cancel your contract, you are required to pay us a proportionate amount for the services already performed up until the point you notify us of your cancellation. This amount will be calculated based on the total agreed-upon price for the services and the proportion of services completed at the time of cancellation. We will reimburse you any amount you have paid in excess of this proportionate amount.

If you provide explicit consent to the immediate supply of digital content by checking the appropriate box during the checkout process, you acknowledge that you lose your right to cancel the contract once the supply of digital content has begun. Digital content refers to data that is produced and supplied in digital form, such as music, e-books, software, images or video.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you expressly agree to an alternative method. You will not incur any fees because of the reimbursement. We aim to process your reimbursement within 7 business days of receiving the returned goods or confirmation of your cancellation. In the case of international transactions, any currency exchange fees incurred will be borne by us.

Cancellation and Reimbursement rights are not affected by any return or refund policy we may have.

Refunds

Refunds for Goods

Refund requests must be made within 10 days after receipt of your goods.

Refunds for Services

Refunds for services sold on our Site are provided in the manner that follows:

• You will receive a full refund if you cancel a photography shoot or assignment more than 5 days beforehand, otherwise you will be refunded 50% of the agreed fee.

Returns

Returns can be made in person by arrangement at Diarmid Weir Photography, Unit 6A Angus Works, Dundee, DD3 7JZ, UK.

Returns can be made by mail. To return a good by mail, please securely package the item and include the original packing slip or a copy of your order confirmation. Send the package according to the following procedure: Package goods, preferably using materials they were sent in, and return by post or carrier. We recommend using a trackable shipping method as we cannot be held responsible for lost or damaged returns.

Guarantees

The following guarantees apply to our Site:

• Returns are accepted for a full refund. Return shipping is at the customer’s expense.

Consumer Protection Law

Your statutory rights as a consumer are protected by applicable laws, including but not limited to the Sale of Goods Act 1979 and the Consumer Rights Act 2015 (or equivalent legislation in your jurisdiction). These Terms and Conditions do not affect your legal rights. In the event of a conflict between these Terms and Conditions and applicable law, the law will prevail.

Limitation of Liability

Diarmid Weir Photography, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site or its content. This includes, but is not limited to, damages for lost profits, loss of data, or business interruption.

Indemnity

You agree to indemnify and hold harmless Diarmid Weir Photography, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Site or violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the country of Scotland.

Dispute Resolution

Unless otherwise stated in these Terms and Conditions, if Diarmid Weir Photography and you or your representative are not able to resolve any dispute that may arise, then you and Diarmid Weir Photography agree to submit the issue that arises before a mediator. Mediators must be chosen as neutral parties acceptable to both you and Diarmid Weir Photography. Mediation costs shall be shared in equal parts between you and Diarmid Weir Photography.

Regardless of any other provision in these Terms, it is agreed that the right to bring an action in a small claims court in the jurisdiction where you reside is retained by both you and Diarmid Weir Photography. Additionally, either party may seek injunctive relief or remedies for intellectual property infringement.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Changes

We may modify these Terms and Conditions from time to time to reflect changes in our business or legal requirements. We will notify you of any changes by email or by posting a notice on our Site. The revised Terms and Conditions will become effective after the notification date. By continuing to use our Site after the effective date, you agree to be bound by the revised Terms and Conditions. If you do not agree to the changes, you may terminate your use of the Site.